Job offer: everything you need to know + template

You have found the perfect candidate. One who has the right combination of skill, passion and ambition to bring real value to your business. You are ready to reach out to him, but How to Formalize Your Proposal in a Simple Way While Respecting Your legal obligations? Enter the world of job offers.

Much more than a simple letter, it is an engaging act, a solid proof of your desire to hire. But be careful! If worded incorrectly, it could cause you more problems than it solves. In this article, let's dive together into the legal maze of this essential document, explore its history, and learn how to master it with our advice and our Template to download. Your ideal candidate may depend on your signature. Find out why.

1 - What is a job offer?

It is important to note that theJob offer Differs from the Promise of employment.

Indeed, following the judgments of the Social Chamber of the Court of Cassation dated September 21, 2017 (Judgments no. 2063 and no. 2064), it has now been established that the promise of employment can take two distinct forms. The first in the form of an offer of an employment contract, the second in the form of a unilateral promise of an employment contract. The obligations and commitments of the parties vary according to the nature of this promise.

La Unilateral Promise to Hire Constitutes a desire to hire under certain conditions a candidate who would have been selected for a given position.

It is detailed and indicates many important elements such as: social benefits, The working conditions, The Expected date of employment, The hours of work, Tea Place of employment, The Nature of the Position Held and many more.

If the candidate accepts the promise, it has the legal value of a CDI. This is a contract by which the promisor grants the beneficiary the right to opt for the conclusion of the contract by accepting it. It does not replace the employment contract. In case of refusal, the employer can continue its research to find a candidate corresponding to the needs of the company.

Our advice: The candidate can freely refuse the promise of employment, this will have no consequences on the status or future employability of the employee. This is why it is necessary to give him a reasonable amount of time to think about your proposal in order not to stress him out. This will allow him to make a decision in a more serene and thoughtful way.

TEAContract offer For its part, it establishes an act by which the employer proposes a commitment specifying the job, the start date and the remuneration recently. It includes the contractual liability of the employer. However, it can be withdrawn more easily by the employer.

Attention, it is crucial not to confuse these two terms!

2 - How to write a job offer well?

To be valid, the promise of employment must include several pieces of information, each as important as the next.

Regarding the format, there is no obligation, it may be Written (email, fax, classic letter, email, SMS) or Oral (phone call).

Our advice: You are not immune to litigation. To provide tangible proof in the event of a misunderstanding or dispute, we strongly advise you to opt for the written record.

Writing a promise of employment is one of the last steps in the recruitment process but the most important since it clarifies the employee's situation. Indeed, she informs him about his future employment contract within the company. Do not hesitate to write it carefully. Follow our advice; it will be very useful for you.

The important thing is to start the job promised in a positive and enthusiastic way, you must encourage the candidate to give you a favorable response. Si You Want Him to Join Your Company, avoid all negativity

So start with an introductory formula such as: “We are happy to offer you the position you have been looking for within our company, in recognition of your skills and experience.” Use this formula to immediately show him that he is being considered.

To write a serious promise of employment, it is essential to respect the conditions of the Labor Code and therefore to use the following mandatory information: the title of the specific position, the expected date of employment, the type of contract (internship, fixed-term contract, permanent contract...), duration, remuneration, benefits (Restaurant tickets, health insurance), missions and responsibilities.

If only one of these elements is missing, it will no longer be a promise of employment but rather an employment contract, so don't forget any!

As with the introduction, it is important that the concluding formula encourages the candidate to accept the position. So be convincing.

Our first piece of advice: If you have any doubts, call on a legal professional who will be in the best position to confirm the validity of your promise to hire.

Our second piece of advice: To Gain Credibility, Take Care of the Form and Content by Using a Spell Checker Like Thank You App

3 - What is the legal value of a promise to hire?

Once the promise of employment has been issued and accepted by the candidate, the employer cannot generally retract.

In fact, in the event of a breach of the promise of employment, the employee may take legal action to obtain various benefits: Damages. The retraction would mean a dismissal of the candidate without a real and serious cause.

La nature of the promise of employment determines its legal value. The promise of employment is equivalent to an employment contract. On the other hand, the contract offer does not constitute a firm commitment as does the promise of employment.

4 - Is it mandatory to sign a promise of employment?

Signing a unilateral promise to hire is not a mandatory step for the recruiter. However To confirm the intention to hire the selected employee, we strongly recommend that you sign it.

Indeed, the signature makes it possible to set a deadline, to avoid disputes and misunderstandings as much as possible and to show your commitment to the candidate. Whatever your situation, signing a job offer will always be beneficial.

Once signed and accepted, the promise of employment requires you to respect the conditions it mentions. This will certainly reassure your future employee. Be careful if, as part of a unilateral promise, you change your mind, the breach would become an abusive breach of contract.

5 - Is an email or a fax worth a promise of employment?

Although the law does not impose a specific format to prove the existence of a contract, it is often recommended to opt for a Paper Trail. This paper trail will offer you solid proof, thus limiting the risks of litigation. Indeed, oral evidence is more difficult to establish and enforce. What is the real value of speech?

The registered letter with acknowledgement of receipt is a particularly reliable written proof, attesting to the receipt and acquaintance of the document by its addressee. It makes it possible to prove that the recipient has received and read the document. Be careful though, it can be expensive and impractical. So make the right choice!

To attest to the existence of a contract, the written formats that we particularly recommend are The email and the fax. These two means of communication, less expensive and faster, make it possible to keep an immediate written record.

However, make sure that your proof is valid and authentic. It is essential to keep a copy of the document and to verify the identity of the recipient.

Our advice: Use a professional email address or fax number to avoid confusion.

6 - Our free template

As you will have understood, writing a unilateral promise of employment requires particular attention. But don't worry, we're here to help.

In order to make it easier for you to write a unilateral employment promise, we have therefore provided you with a Free template Which you can download below. This model, proposed by Yuzu, is fully editable to meet your needs, guaranteeing a job promise that is both clear and precise.

Download our employment promise template

Use it as a base and adapt it to your professional situation for optimal efficiency. This will save you time and avoid common mistakes.

Let your creativity run wild and get started with confidence! ! Good luck!

To Remember

A promise of employment corresponds to the desire to hire a candidate for a specific position under certain conditions. This Promise Can Be Established Verbally or in Writing But it is strongly recommended to formalize it in writing in order to avoid any subsequent misunderstanding or litigation.

Do not hesitate to consult a Lawyer or expert In employment law to conclude that the promise of employment complies with the legislation in force in the country or region where your company is located.

Through this article you were able to discover a Letter template A job promise that will allow you to recruit effectively. Each company is unique, so feel free to personalize the letter so that it best reflects your identity and needs.